Intellectual property law is good. Excess in intellectual property law is not. This blog is about excess in Canadian and international copyright law, trademarks law and patent law. I practice IP law with Macera & Jarzyna, LLP in Ottawa, Canada. I've also been in government and academe. My views are purely personal and don't necessarily reflect those of my firm or any of its clients. Nothing on this blog should be taken as legal advice.

Wednesday, December 11, 2013

University of Toronto’s Announcement re Non-renewal of Access Copyright License

Here’s U of T’s Press Release re today’s
announcement that it will not renew
its current license with Access Copyright.I have added some highlight and a brief comment below.************

Access Copyright Negotiations

PDAD&C#30, 2013-14

To:

PDAD&C

From:

Cheryl
Regehr, Vice-President and Provost

Date:

December
11, 2013

Re:

Access
Copyright Negotiations

PLEASE CIRCULATE WIDELY TO FACULTY MEMBERS AND STAFF

The University of Toronto announces that, despite good faith efforts by
both parties, we have been unable to reach an agreement with Access Copyright
for a renewal of the current License at a price that we believe fairly values
the service that Access Copyright provides.

The University sought to obtain a License that reflected the significant
evolution in copyright regulation that has occurred over the term of the current
License, including the amendments to the Copyright Act in 2012, and the Supreme
Court’s expansive approach to the user right of fair dealing in its 2012
decisions. We also tried to obtain a royalty rate that took into account
changing technology, increased availability of Open Access material, changing
publishing practices, and changing user expectations.

This outcome means that, in the year ahead, the University will be operating
for the first time in many years without a License with Access Copyright.
The University, therefore, will continue to be diligent about compliance with
copyright law, making proper use of other licenses, of fair dealing, and of
other permissions. We will continue to educate our faculty regarding
copyright compliance, and will intensify efforts to make expert resources
available through our Libraries to faculty so that they can make the widest
possible range of excellent teaching and study materials available to their
students in a manner that fully respects the law. The University will also continue to monitor
carefully Access Copyright’s litigation against York University and its
application to the Copyright Board for a Tariff.

The University has indicated to Access Copyright that we will require an
up-to-date list of copy shops that are licensed by Access Copyright for
coursepack copying that will occur in 2014 and beyond. We hope that
Access Copyright will provide this information in the next few days.

The University of
Toronto’s community consists of both users and creators of copyrighted
material. The University remains committed to diligent compliance with the laws
that address the rights of both. In addition, the University spends over
$27 million annually on Library acquisitions, including licensed material and
electronic resources, and also supports scholarly publishing through the
University of Toronto Press.

*****

Brief
comment – again, my own personally:

·U of T is,
once again, showing leadership on this issue. The license that is about to
expire was controversial at the time it was announced – but was brilliantly
strategic in its short duration and its expiry on December 31, 2013 unless
renewed – which it won’t be.

·U of T has
also clearly reminded everyone that that there are other pending fronts and fora involving
AC and universities. One is at the Copyright Board, where U of T recently filed
an important and notable comment supporting Prof. Prof. Katz’s request for a
reference to the Federal Court of Appeal. Another is the York University litigation.
The whole educational community should be watching these situations very
closely.